CQ TODAY PRINT EDITION
April 24, 2009 – 6:04 p.m.
Democrats Chafe at Delayed Nominations
By Bart Jansen, CQ Staff
Tensions are rising in the Senate over President Obama’s nominees, as Republicans delay picks ranging from a Cabinet post to a U.S. Circuit Court judgeship, and Democrats complain that the disputes are slowing important legislation.
Majority Leader Harry Reid , D-Nev., has raised concerns about burning time filing procedural motions to limit debate on a handful of nominees.
The most notable, recent example: Obama’s nomination of Kansas Gov. Kathleen Sebelius to be Health and Human Services secretary. Although still expected to win confirmation in a vote scheduled for April 28, Sebelius, a Democrat, has been challenged by Republicans over her position supporting abortion rights. (Story, p. 9)
The weakened Republican minority finds it difficult to amend legislation, but nominations provide opportunities to highlight policy disputes on high-profile issues, including foreign policy and abortion rights. Democrats contend that plodding through confirmation debates followed by protracted votes hinders legislative progress on their priorities, such as health care, energy and economic affairs.
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“We can’t do that if we’re stalling on every nomination that comes in front of us,” said Sen. Patty Murray , D-Wash.
“Using these tactics on the floor on simple nominations is not what the American public wants or expects today,” she said.
The latest challenge came April 23, when Reid suggested time agreements for debating several nominations.
In addition to recommending five hours of debate for Sebelius, he suggested four hours of debate on Thomas L. Strickland to become assistant secretary of Interior for fish and wildlife and three hours for David J. Hayes to become deputy secretary of Interior.
But Minority Leader Mitch McConnell , a Kentucky Republican, objected to each proposal.
“A number of members on my side opposed the nomination” of Sebelius in committee, he said.
Senators later reached an agreement for eight hours of debate on Sebelius.
Republicans note that no nominee has been rejected yet. Obama has won about twice the number of confirmations that George W. Bush had at this point in his tenure, according to an academic group.
“I don’t think it’s written anywhere that every single nominee goes through on a voice vote,” McConnell said. “We’ve opposed some of them, but they’ve still been confirmed.”
Growing Acrimony?
The larger Senate majority of 56 Democrats and two independents against 41 Republicans has eased the legislative debate. Democrats have a large enough majority to reject most Republican amendments, in contrast to the narrower margins in the 110th Congress that fueled more filibusters and blocked amendments.
But after passing legislation such as an economic stimulus (PL 111-5) and a fiscal 2009 omnibus spending bill for government agencies (PL 111-8), the open question is when growing acrimony over nominations will spill into the legislative arena.
“We don’t have a majority. It’s very difficult to pass legislation,” McConnell said. “What we’ve done in the Senate is offer a variety of options on every bill that’s come up, things that we think would improve the legislation and move it in a more centrist direction.”
Despite a lingering Cabinet vacancy for Health and Human Services secretary, Obama has set a brisk pace for confirmations.
By April 21, Obama had formally nominated 163 individuals and won confirmation of 63, compared with 67 and 30 for Bush at the same point in his presidency.
But Obama, who celebrates his 100th day in office April 29, would need 83 confirmations by that date in order to match the number set by President Ronald Reagan with a Republican-controlled Senate in 1981.
“This data represents a substantial pace,” said Terry Sullivan, executive director of the White House Transition Project, a nonpartisan group of scholars, universities and think tanks that studies transitions. “They seem well on their way to a significant amount of nominations for the first hundred days.”
But Norman J. Ornstein, resident scholar of Congress at the conservative American Enterprise Institute, said that even though Obama is outpacing his predecessor, he would like to move even faster. Republicans, on the other hand, can amplify their positions by challenging the administration.
“If you stand up for your favorite constituents, they’re going to be happier,” Ornstein said. “You may be able to bludgeon people or pressure the administration through delays or holds to temper a policy or make a promise about something you will do or won’t do.”
Nominees Under Scrutiny
Disputes are growing more pronounced:
• Christopher Hill was confirmed as ambassador to Iraq, 73-23, on April 20. But with opposition led by Republican Sam Brownback of Kansas about Hill’s lack of experience in the Middle East and his diplomatic history with North Korea, the vote came only after a delay that extended through the two-week April recess and a procedural vote to limit debate.
• Judiciary Chairman Patrick J. Leahy , D-Vt., scheduled a hearing April 29 for federal Judge David F. Hamilton’s nomination to the 7th U.S. Circuit Court of Appeals after Republicans boycotted an earlier hearing because they said they hadn’t had enough time to prepare.
Conservatives have criticized Hamilton as a liberal activist, particularly for his injunction against an Indiana law that required women to wait 18 hours after receiving in-person abortion counseling before getting an abortion. Hamilton has the backing of that state’s Republican senator, Richard G. Lugar .
• Republican John Barrasso of Wyoming said he would oppose the nomination of Regina McCarthy to be assistant administrator for air and radiation at the Environmental Protection Agency, in a dispute over a finding of climate endangerment.
The Environment and Public Works Committee approved her nomination April 23, but Chairwoman Barbara Boxer , D-Calif., said a cloture vote might be needed on the floor to confirm McCarthy.
• Dawn Johnsen, an Indiana University law professor nominated to head the Justice Department’s Office of Legal Counsel (OLC), faces a potential filibuster from Arlen Specter of Pennsylvania, the ranking Republican on the Judiciary Committee.
Johnson has been criticized for her previous work as head of legal policy for NARAL Pro-Choice America and for criticizing the OLC’s counterterrorism policies during the Bush administration.
“She may be good somewhere else, but she’s not good there,” said Orrin G. Hatch , R-Utah.
Republican Jeff Sessions of Alabama said that, as a former Justice Department lawyer, he’s concerned about Obama packing the agency with liberals. He opposed Hill and questions the nominations of Hamilton and Johnsen.
“There is a growing frustration in the Judiciary Committee about a pattern of far-left nominees,” Sessions said. “I believe the president deserves deference, but he’s about used all the deference he’s going to get out of me.”
Leahy said he wasn’t sure what Republicans were accomplishing by opposing Justice Department nominees.
“They’re not helping themselves with the American public,” Leahy said. “Especially at a time when people are concerned about law enforcement, concerned about crime, and these guys are holding up the nominations that involve fighting crime.”
But Republicans said the disputes are part of the routine course of reviewing nominations.
Noted South Carolina’s Lindsey Graham , “People have had up-and-down votes and that’s the goal, right?”




Comments
Cry me a river Dems.
So Repubs. worry about putting liberals in political positions in the Justice Department and elsewhere after they used political litmus tests for non-political positions in violation of the law. Typical hypocrisy.
Harry "do-nothing" reid can cry all he wants - the GOP better be ready to stall and filibuster the upcoming Judicial nominees that Pat "I hate the GOP" Leahy is getting ready for. Also, watch for his bill expanding just about every Appeals court this fall. Talk about stacking the courts. Leahy has to go. So does Reid. The good voters of NV will show him the door in 2010.
Don, can you spell "jerk"? Of course, you can. Everybody knows how to spell his name.
Under Bush every appointee to head an agency was connected to the industry he was suppossed to regulate. That's why mine inspections and fines went down and miner deaths went up. Does anyone recall a complaint out of Sen Session or Sen Hatch aka the great fulminator?
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